BHAJAN SINGH Vs. UNION TERRITORY

JUDGEMENT

(1.) Vide award dated 6.12.1997 learned Additional District Judge, Chandigarh, answered 44 references while awarding compensation at the rate of Rs. 4,35,600/- per acre with statutory benefits, to the claimants. All these 44 references were answered in the case of Joginder Singh and Ors. versus Union Territory, Chandigarh, LAC No.284 of 1996.

(2.) Number of appeals have been preferred by the claimants praying for enhancement of the amount awarded to them by the learned Additional District Judge, Chandigarh. It is contended by the claimants in all the appeals arising from this award dated 6.12.1997 that there was sufficient evidence before the learned Additional District Judge to grant compensation of more than Rs. 10 lacs per acre to the claimants. On the other hand, it is contended on behalf of Union Territory, Chandigarh Administration that there were no basis before the learned trial Court for awarding the amount of compensation granted. In fact the Court should have sustained the compensation awarded by the Collector.

(3.) As the evidence was led in Joginder Singh's case and learned counsel appearing for the claimants have adopted the arguments addressed in Joginder Singh's case, I propose to deal with this case as the lead case. The common facts applicable to the appeals arising from this award are that the Chandigarh Administration had acquired land measuring 51.15 acres in the revenue estate of village Kajheri vide notification issued under Section 4 of the Land Acquisition Act, hereinafter referred to as the Act, dated 22.5.1992. This land was acquired for the public purpose, namely, rehabilitation of labour colony in the Union Territory of Chandigarh. This was followed by notification under Section 6 of the Act on 24.7.1992. Having heard the claimants and adopting the procedure prescribed, the Collector vide his award dated 27.8.1992 granted compensation to the claimants at a flat rate of Rs. 2 lacs per acre.